We have recently recruited - using what we believe is a very robust system to ensure equality of opportunities for all applicants and using a clear job description and person specification.

A non shortlisted applicant is now questioning why they were not shortlisted and whilst we have given them an answer they have followed up their complaint by asking for copies of the other applicant's forms - quoting the freedom of information act.

(this question has been edited for brevity, however the full question is repeated in the answer section)

Please advise what we have to share in this situation.

My question is regarding disciplinary procedures.

The scenario: An employee leaves an organisation and their responsibilities are then taken on by another employee who is now responsible for the former employee’s pc.

The former employee requests an ICT Administrator within the organisation to log on to the pc and check to see if a personal email from an identified sender and subject has been received. In order to access the user account on the machine the Administrator requests a colleague (also an Administrator) to reset the password. The administrator accesses the user account, checking the inbox for a specific email which is not present and logs off.

The employee now responsible for the former employee’s duty has since made a complaint to management because the administrator didn’t see it necessary to ask permission before accessing the machine on the grounds of sensitive data upon it. Has the administrator done anything to warrant disciplinary action of any level?

Is it correct that we have a legal obligation to provide the requested data (if in existence) as it relates to the individual?

We had a nextstep IAG contract and employed two employees to deliver the contract. This contract has now gone to another company called BXL. They have said that this is a TUPE issue and we can transfer the employees over. The contract went over to them on 01/08/08. Their contract was delayed by the LSC and they have not taken on the TUPE employees until now.

Our point of contention is that we have had to pay the TUPE employees up until now and can we claim for the salaries paid to them from 01/08/08 until 01/11/08. BXL have said on their legal advice, we can't. Can you please advise us.

If employees are under stress it can lead to all sorts of issues impacting on the individuals concerned, colleagues, and the organisation. The Health & Safety Executive (HSE) are ... ...

Now that the new NJC scales have been announced with a 2.45% increase, staff are being paid their backdated increase. My question is about staff that have left the organisation since April 2008 - are they legally entitled to receive the backdated pay if they are no longer employed with us?

Would you be kind enough to comment on this contract wording for us taking on some management consultancy, particularly with regards to ensuring the consultant is very clearly self employed. The consultant has had similar contracts running, generally without breaks, for about four years now, this new one will be for 12 months. 

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1 Parties to the agreement This contract for services is between RP Fighting Blindness (BRPS), PO Box 350, Buckingham and xxx, Management Consultant,

2 Commencement of agreement

This contract is effective from xx 2008

3 Services provided under the Agreement xx is contracted to deliver the following services to BRPS. a. .... b. ...

4 Terms of the Agreement

i. This contract will be undertaken in the period xx 2008 to xx 2008.

ii. The contact for BRPS will be xxx

iii. xx will undertake work from his home premises or elsewhere as needs determine and will be provided with access to resources at BRPS as may be needed to complete this contract.

iv. The fee for the supply of the services described will be £xx, exclusive of VAT and out-of-pocket expenses such as telephone and travel costs.

v. Travel costs and expenses associated with this contract will be reimbursed on submission of invoice and receipts. xx will be responsible for his own equipment costs and maintenance including computer and car.

vi. Payments will be made to xx on receipt of a monthly invoice on 14 day terms. Invoices will be accompanied by a brief activity report.

vii. The contract is on a self-employed basis and xx will be responsible for his own tax and National Insurance affairs.

viii. This agreement is one of good faith and may be supplemented verbally.

5 Responsibilities

i. xx is responsible overall for the delivery of this project to a quality standard that can reasonably be said to be commensurate with xxxxx

ii. BRPS will provide reasonable and appropriate resources.

iii. xx will detail activity and travel expenditure in his invoices which should be submitted monthly.

iv. BRPS will ensure timely settlement of invoice.

v. In the event that the contract period is inadequate for completion of this project xx will inform BRPS of this at the earliest opportunity, though this does not prejudice BRPS’s right to insist on completion of xxx

6 Confidentiality and IPR

i. Both parties agree to keep confidential all information passing between them and to treat information belonging to the other party in the same manner and under the same safeguards as they deal with their own confidential material.

ii. Intellectual property rights of this work are unequivocally to be assigned to BRPS except where non-original material is incorporated which is already assigned elsewhere which xx will ensure is cited in his reports.

7 Termination

i. This agreement will terminate when xxx.

ii. Termination as a result of financial failure of either party will be negotiated on an ‘as required’ basis.

iii. BRPS reserves the right to cancel the contract without notice in the event that xx fails to meet obligations under this contract to a satisfactory standard, in which case reasonable payment for output up to cancellation will be negotiated.

8 Force Majeure

i. If either party is affected by Force Majeure it will notify the other party of the nature and extent. Neither party shall be deemed to be in breach of this agreement, or otherwise be liable to the other, by reason of non-performance or of any delay in performance, to the extent that such non-performance or delay is due to any Force Majeure which has been so notified.

ii. If the Force Majeure prevails for a period in excess of one month, the parties will negotiate alternative fair and reasonable arrangements in good faith, which may include termination of this contract.

9 Signatures etc

My employer wants to undertake a H&S risk assessment of my workplace but as I am severely visually impaired he feels he does not have enough knowledge to do this properly. Can you advise? I work in a fairly standard office environment with no major hazards.

We are a village hall with registered charity status. Our caretaker is employed on a self employed basis we recently changed caretakers and one of the committee does the job is he allowed to do this as he is a trustee. the hours worked are no more than 6 a week

Is there a standard sessional tutor contract template available? We would like this to make them responsible for their own NI and Tax.